Summary
noting that the Third Circuit "has only distinguished situations involving two actual sales from those involving a single sale and those in which only an offer to sale has been made."
Summary of this case from Satnam Distributors LLC v. Commonwealth-Altadis, Inc.Opinion
2:14cv1527
06-09-2015
ALARMAX DISTRIBUTORS, INC., Plaintiff, v. HONEYWELL INTERNATIONAL, INC., Defendant.
Electronic Mail
Chief Magistrate Judge Maureen P. Kelly
Re: ECF No. 18 MEMORANDUM ORDER
AND NOW, this 9th day of June, 2015, after Plaintiff filed an action in the above-captioned case, and after Defendant filed a Motion to Dismiss, ECF No. 18, and after a Report and Recommendation was filed by the Chief United States Magistrate Judge giving the parties until May 21, 2015 to file written objections thereto, and upon consideration of the objections filed by Defendant, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (ECF No. 18) is GRANTED in part and DENIED in part. The Motion is GRANTED insofar as AlarMax bases its breach of contract claim on breaches of Section 5(f) of the Settlement Agreement or any of the identified sections of the Supply Agreement by Honeywell, and DENIED in all other respects.
s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge
cc: Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Gretchen L. Jankowski, Esquire
Wendelynne J. Newton, Esquire
Mackenzie A. Baird, Esquire
William C. MacLeod, Esquire
Alison L. MacGregor, Esquire
Sung W. Kim, Esquire
William Pietragallo, II, Esquire
(Via CM/ECF Electronic Mail)